Webinar

IP & Antitrust - #2 SEPs: Component-Level Licensing & Refusals to Deal

2nd Webinar of the 1st « IP & Antitrust: Hot Issues » Conference organised by Concurrences, in partnership with Baker Botts, Oxera and Orrick. Keynote speech by Makan Delrahim (Former Assistant Attorney General, US DOJ | Professor, University of Pennsylvania). Panel with Fabian Hoffmann (Judge, German Federal Court of Justice), Jay Jurata (Partner, Orrick), James Kress (Partner, Baker Botts), Patrick Hofkens (Director - IPR Policy, Ericsson) and Gunnar Niels (Partner, Oxera).

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SYNTHESIS

KEYNOTE SPEECH

Makan Delrahim began by welcoming the current convergence at the global level on some basic principles about the recognition of antitrust role with respect to SEP transactions (whether they are component-level, injunctive relief or others). Some aspects of the issue can be traced back to the Founding Fathers and were discussed in historical communications between James Madison and Thomas Jefferson. As the country was developing its Constitutions, patents and monopolies were already subject to discussion. Mr. Delrahim explained that this historical perspective helped him form a view in favour of dynamic competition within the marketplace, rather than a myopic view of static competition that would not properly deliver consumer benefits.

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